Council Meeting — July 14, 2014

MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY JULY 14, 2014 AT 7:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 500 WEST MAIN STREET, BENTON, ILLINOIS.

MAYOR KRAFT CALLED THE MEETING TO ORDER. THOSE PRESENT WERE COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. COMMISSIONER BAUMGARTE WAS ABSENT.

COMMISSIONER MILLER MADE A MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE JUNE 23, 2014 REGULAR MEETING. SECOND BY COMMISSIONER BURNETT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED PURCHASES ORDERS FOR THE SEWER DEPARTMENT IN COMMISSIONER BAUMGARTE’S ABSENCE.

COMMISSIONER WYANT MADE A MOTION TO APPROVE PURCHASE ORDER #002241 TO USA BLUE BOOK FOR A BOD INCUBATOR IN THE AMOUNT OF $2,960.06. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER WYANT MADE A MOTION TO APPROVE PURCHASE ORDER #002240 TO HACH FOR LAB SUPPLIES IN THE AMOUNT OF $1,775.53. SECOND BY COMMISSIONER BURNETT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER WYANT MADE A MOTION TO APPROVE PURCHASE ORDER #002239 TO FISHER SCIENTIFIC FOR LAB SUPPLIES IN THE AMOUNT OF $5,137.31. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER WYANT MADE A MOTION TO APPROVE PURCHASE ORDER #002268 TO HACK FOR TRANSITION ASSEMBLY IN THE AMOUNT OF $1,155.00. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER WYANT MADE A MOTION TO APPROVE PAY #18, FINAL PAYMENT, TO E.T. SIMONDS CONSTRUCTION FOR PETROFF AND VARIOUS ROADS IN THE AMOUNT OF $150,779.50. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO APPROVE THE LAKE LOT TRANSFER FOR LOTS NO. 143 AND 144 FROM CLESTINA COZART EGGERTSEN TO MARY JANE AND GARY GRAHAM. SECOND BY COMMISSIONER BURNETT. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO APPROVE THE LAKE LOT TRANSFER FOR LOT NO. 27 FROM MONICA AND RYAN KIRKPATRICK TO SCOTT AND STEPHANIE HALL. SECOND BY COMMISSIONER MILLER. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO APPROVE ORDINANCE 14-03 TO CLOSE THE ALLEY FROM DAKOTA TO SHORT STREET IN THE NORTH PARK ADDITION PENDING PAYMENT. SECOND BY COMMISSIONER BURNETT. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BURNETT PRESENTED THE POLICE REPORT FOR JUNE 18, 2014 THROUGH JULY 8, 2014. THE DEPARTMENT HANDLED A TOTAL OF 286 DISPATCH CALLS FOR SERVICE. THESE INCLUDED 19 TRAFFIC ACCIDENTS AND 33 TRAFFIC STOPS, 13 DOMESTIC DISPUTES, 7 THEFT REPORTS, AND SEVERAL CALLS FOR SERVICE. THE DEPARTMENT COMPLETED A TOTAL OF 88 WRITTEN REPORTS TO INCLUDE 23 INVESTIGATIONS CONDUCTED BY INVESTIGATORS.

COMMISSIONER BURNETT PRESENTED THE FIRE DEPARTMENT REPORT FOR JUNE 9, 2014 THROUGH JULY 14, 2014. THE FIRE DEPARTMENT RESPONDED TO 29 INCIDENTS WHICH INCLUDED 9 FIRST RESPONDERS, 6 SERVICE CALLS, 3 FALSE ALARMS, 2 MOTOR VEHICLE ACCIDENT/FIRES, 3 STRUCTURE FIRES, 2 BRUSH FIRES, 3 ILLEGAL BURNS, AND 1 HAZMAT CALL. THEY HAD 2000 GALLONS OF WATER USAGE. THE FIRE DEPARTMENT REPORT STATED THAT ENGINE 801 IS IN SERVICE AND HAD THE AIR LEAK ON THE SUSPENSION WORKED ON, ENGINE 803 IS IN SERVICE AND THE EMERGENCY LIGHT ROTATOR MOTOR IS FAULTY AND ON ORDER, AND ENGINE 805 IS IN SERVICE BUT THE TRANSMISSION TEMP RELAY IS FAULTY AND ON ORDER. FIRE INSPECTIONS ARE ON STANDBY WHILE HYDRANT MAPPING AND TESTING IS CONDUCTED. EMERGENCY STORM NOTIFICATION SYSTEM IS 100% OPERATIONAL. JULY 14, 2014 THROUGH JULY 27, 2014 FIREFIGHTER JEFF SHEW WILL BE ACTING CHIEF WHILE CHIEF FAIRES IS IN TRAINING IN ALABAMA FOR FIRE OFFICER 3 AND 4. CHIEF FAIRES IS USING HIS OWN TIME AND PAID HIS OWN EXPENSES TO GET THE TRAINING. WHEN HE COMPLETES FIRE OFFICER III AND IV, COMMISSIONER BURNETT STATED THERE WERE NO HIGHER CLASSIFICATIONS IN FIRE SCIENCE THAT CAN BE OBTAINED. COMMISSIONER BURNETT STATED THIS WOULD MAKE HIM ONE OF THE MOST QUALIFIED FIRE CHIEFS IN ILLINOIS.

COMMISSIONER BURNETT MADE A MOTION TO APPOINT FIREFIGHTER JEFF SHEW AS ACTING CHIEF WHILE CHIEF FAIRES IS IN TRAINING. SECOND BY COMMISSIONER WYANT. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT.

COMMISSIONER BURNETT STATED FIREFIGHTER JEFF COLEMAN WILL BE ATTENDING UNION PACIFIC RAIL CAR FIRE TRAINING JULY 22-26, 2014. COMMISSIONER BURNETT STATED MOST EXPENSES WILL BE PAID BY UNION PACIFIC RAILROAD.

COMMISSIONER BURNETT STATED THAT HE HAD APPROXIMATELY 4 ORDINANCES THAT NEEDED TO BE UPDATED. COMMISSIONER BURNETT MADE A MOTION TO ALLOW HIM, CITY ATTORNEY THOMAS MALKOVICH, AND FIRE CHIEF FAIRES TO UPDATE FIRE DEPARTMENT CITY ORDINANCES. SECOND BY COMMISSIONER MILLER. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BURNETT STATED THAT THE FIRE CHIEF, THE POLICE CHIEF, AND HIMSELF WOULD LIKE TO HAVE JEFF SHEW SENT TO TRAINING TO BE AN ARSON INVESTIGATOR. THE CITY HAS ALREADY INVESTED 120 HOURS INTO THIS TRAINING FOR FIREFIGHTER SHEW AND COMMISSIONER BURNETT PRESENTED THE CERTIFICATES OF COMPLETION. COMMISSIONER BURNETT STATED THAT THIS TRAINING WOULD COST $4,183.00 AND OF THIS AMOUNT THE TUITION IS $2,283.00. THE FIRE DEPARTMENT RECEIVED TWO CHECKS, ONE FOR $1,755.00 AND ANOTHER $1,723.00. COMMISSIONER BURNETT SAID THE FIRE DEPARTMENT WOULD BE RECEIVING ANOTHER $1,500.00 FOR A GRATITUDE GRANT. WITH THESE FUNDS BEING AVAILABLE, COMMISSIONER BURNETT STATED THIS WOULD NOT ALL BE COMING OUT OF THE FIRE DEPARTMENT BUDGET. COMMISSIONER BURNETT MADE A MOTION TO APPROVE THE ARSON INVESTIGATOR TRAINING REQUEST FOR FIREFIGHTER JEFF SHEW. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO PAY MONTHLY BILLS FOR THE GENERAL FUND IN THE AMOUNT OF $71,831.37, WATER AND SEWER IN THE AMOUNT OF $139,678.90, AND OTHER FUNDS IN THE AMOUNT OF $86,796.56 FOR A TOTAL OF $298,306.83. SECOND BY COMMISSIONER BURNETT. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE PAYROLL FOR JULY 3, 2014, FOR GENERAL FUND, WATER & SEWER, AUXILIARY POLICE & FIRE, AND AIRPORT IN THE AMOUNT OF $85,375.81. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE PAYROLL FOR JULY 18, 2014, FOR GENERAL FUND, WATER & SEWER, AUXILIARY POLICE & FIRE, AND AIRPORT IN THE AMOUNT OF $89,722.61. SECOND BY COMMISSIONER BURNETT. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO APPROVE THE SWIMMING POOL ADJUSTMENTS FOR JAMES HOUSE AT 209 CARLTON, BENTON KOA AT 1500 N DUQUOIN, ROD JOPLIN AT 407 STONEBROOK, ASHLEY CHAFFIN AT 1001 E WEBSTER, JULIE HAMMOND OF 902 E WEBSTER, JACK THOMAS AT 603 E WEBSTER, DONALD EDGIN AT 515 E SMITH, LINDA ALVAREZ AT 1212 E GRAYSON, TROY KNIGHT AT 806 N MCLEANSBORO, ROBIN FOSTER AT 210 COLLEGE, DOLORES OYLER AT 209 W WEBSTER, SUE DIRKS AT 401 E BOND, RICHARD YUNKUS AT 108 BAILEY LANE, MARK DYEL AT 503 N MAIN, ROBERT A. SMITH AT 302 EAST BOND, CHRIS JERRELLS AT 403 E BOND, MICHELLE GULLEY AT 203 N 7TH, ROBERTA WATKINS AT 1207 N MAPLE, DAVID LUNDELL AT 716 GRAND, ANGELA SMITH AT 428 W CHURCH, GREG CIMA AT 137 W WEBSTER, RICHARD PENDERGAST AT 211 ELECTION, KYLE BACON AT 513 CLEARVIEW PLACE, STEVEN JOHNSON AT 1209 WHISPER WAY, AND TRENTON WILLIAMS AT 1207 WHISPER WAY. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER MILLER MADE A MOTION TO DENY SWIMMING POOL ADJUSTMENTS FOR JOEY SIMPSON AT 419 MCFALL AND KELLEY WHITE AT 105 N WARD FOR NOT BEING IN COMPLIANCE WITH ORDINANCE 98-03, SECTION 517.0. SECOND BY COMMISSIONER BURNETT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

COMMISSIONER MILLER PRESENTED A SEWER ADJUSTMENT REQUEST BY SHIRLEY ROGERS THAT THE COUNCIL PREVIOUSLY DENIED. COMMISSIONER MILLER STATED THAT ATTACHED TO THE REQUEST IS THE ORDINANCE AND THIS REQUEST DOES FOLLOW THE GUIDELINES IN THE ORDINANCE. COMMISSIONER MILLER STATED HE CONFERRED WITH LEGAL COUNSEL AND HE AGREES. COMMISSIONER MILLER MADE A MOTION TO APPROVE THIS SEWER ADJUSTMENT. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

MAYOR KRAFT DISCUSSED THE COUNCIL HEARING A PRESENTATION FROM NOVACARE LOCATED IN WEST CITY AND WORKSTEPS LOCATED IN CARTERVILLE AT RECENT MEETINGS. HE STATED THAT HOURLY RATES AND RATES FOR DIFFERENT TESTING ARE VERY SIMILAR. MAYOR KRAFT STATED THAT IF THE CITY CHOOSES TO GO WITH NOVACARE, THEY WILL DRUG TEST HERE IN TOWN. IF THE CITY CHOOSES TO GO WITH WORKSTEPS, DRUG TESTING WILL HAVE TO BE DONE THROUGH THE CAPE GIRARDEAU LOCATION. MAYOR KRAFT STATED HE WOULD LIKE TO USE NOVACARE TO KEEP OUR BUSINESS IN OUR AREA. COMMISSIONER WYANT MADE A MOTION TO ACCEPT NOVACARE PENDING CONTRACT AGREEMENTS. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT STATED THAT WE HAVE BEEN DEALING WITH A GAS TANK ISSUE AT THE FIRE STATION. THERE IS AN UNDERGROUND TANK THAT CONTAINS 500 GALLONS OF GAS THAT HAS GONE BAD. MAYOR KRAFT SAYS HE HAS CONTACTED MANY COMPANIES AND HAS ENDED UP AT EARTH SERVICES. THEY WILL COME AND DO CORE SAMPLING AROUND THE TANKS. IF THEY FIND CONTAMINATION THEY WILL APPLY TO THE LUST FUND, WHICH IS AN ENVIRONMENTAL GRANT AND OUR LIABILITY WILL BE $5,000.00. IF THEY DO NOT FIND CONTAMINATION, EARTH WORKS THINKS THEY CAN REMOVE THE TANKS AND CLEAN IT UP FOR AROUND $5,000.00. IF THEY DO NOT FIND CONTAMINATION AND WE SEND OUR WORKERS OUT TO FILL IT IN AND POUR CONCRETE, WE CAN SAVE MONEY. COMMISSIONER BURNETT MADE A MOTION TO ALLOW EARTH SERVICES TO BEGIN THE PROCESS OF REMOVING THESE TANKS. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0

UNDER MISCELLANEOUS BUSINESS MAYOR KRAFT STATED THAT THE IML AND TIF CONFERENCE IS COMING UP IN SEPTEMBER. THE TIF STARTS SEPTEMBER 17TH AND IML STARTS THE 18TH. MAYOR KRAFT STATED THAT HE WOULD LIKE FOR ATTORNEY MALKOVICH AND HIMSELF TO ATTEND THIS CONFERENCE. HE STATED THAT HE WAS TRYING TO GET AN APPOINTMENT IN CHICAGO ONE AFTERNOON AT THE EDA ADMINISTRATION TO TALK ABOUT THE SEWER GRANT. COMMISSIONER MILLER ASKED IF THIS CONFERENCE WAS AVAILABLE FOR OTHER COMMISSIONER AS WELL AND MAYOR KRAFT STATED THAT IT WAS. COMMISSIONER WYANT MADE A MOTION TO ALLOW THE MAYOR, CITY ATTORNEY, AND ANY COMMISSIONERS THAT WOULD LIKE TO GO TO THIS CONFERENCE TO REGISTER. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

NO NEW BUSINESS.

MATTERS FROM THE PUBLIC: JULIE PAYNE-HUBLER ASKED WHERE AN ARSON INVESTIGATOR FITS IN WITH HAVING A STATE FIRE MARSHAL. SHE QUESTIONED WHO WAS CALLED IN FIRST. COMMISSIONER BURNETT STATED THE CLOSEST STATE FIRE INVESTIGATOR IS IN SALEM AND SO HE WOULD NOT BE HERE EVERY DAY LIKE FIREFIGHTER SHEW IS. COMMISSIONER BURNETT STATED THAT FIREFIGHTER SHEW WOULD BE WORKING IN CONJUNCTION WITH THE STATE FIRE MARSHAL.

COMMISSIONER WYANT MADE A MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS CLOSING EXECUTIVE SESSION MINUTES. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

TIME: 7:40 P.M.

COMMISSIONER MILLER MADE A RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER BURNETT. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER MILLER MADE A MOTION TO CLOSE EXECUTIVE SESSION MINUTES FROM JANUARY 9, 2012 TO APRIL 29, 2013. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN. YEAS: 3. COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER BURNETT ABSTAINED.

COMMISSIONER MILLER MADE A MOTION TO CLOSE EXECUTIVE SESSION MINUTES FROM MAY 14, 2013 TO JUNE 23, 2014. SECOND BY COMMISSIONER BURNETT. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN. YEAS: 4. COMMISSIONER WYANT, COMMISSIONER BURNETT, COMMISSIONER MILLER, AND MAYOR KRAFT.
NAYS: 0.

TIME: 7:45 P.M.